Monday, February 29, 2016

Horror in Moscow as Burqa-Clad Babysitter 'Decapitates Girl in Her Care' – Then Walks












Photo: Horror in Moscow as Burqa-Clad Babysitter 'Decapitates Girl in Her Care' – Then Walks

British Muslim Girls Being Forced Into Marriage via Internet
Bosnia Mulls Courtroom Headscarf Ban for Muslim Women
Non-Sharia Conforming Fashion Show Disbanded in Aceh
Sharmeen Obaid Wins Second Oscar Award, Makes Pakistan Proud
UK Launches Free English Lessons for Muslim Women
How Arab Women Fought Female Genital Mutilation in Israel
350,000 Saudi Women Are Employed In Private Sector
Compiled by New Age Islam News Bureau

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Horror in Moscow as Burqa-Clad Babysitter 'Decapitates Girl in Her Care' – Then Walks Through Streets Carrying Her Severed Head and Shouting 'Allahu Akbar'
By JULIAN ROBINSON FOR MAILONLINE
29 February 2016
A Burqa-clad babysitter decapitated the little girl in her care before walking through Moscow carrying the child's severed head, police say.
The woman shouted 'Allahu Akbar' as she appeared near Oktyabrskoye Pole metro station in the northwest of the Russian capital and threatened to blow herself up.
It came hours after officers found the headless body of a child when they were called to a fire at a block of flats in the city.
The victim was a girl identified as Nastya M - and the child's 38-year-old nanny Gyulchehra Bobokulova, from Uzbekistan, has been arrested.
The woman was seen pulling the severed head out of a bag and walking around near the entrance to the metro station as police moved in.
She is then said to have shouted that she had killed the child and was seen praying shortly before officers swooped.
According to local reports, she later told police she killed the girl because of her own husband's infidelity. Investigators immediately ordered a psychiatric test of the woman in a bid to understand her motives.
One eyewitness at the underground station told MK how the woman screamed: 'My child was killed…I will blow up everyone.' She also shouted: 'I hate democracy'.
A journalist working for RBC daily, said she had heard the woman screaming 'Allahu Akbar" (God is Great).
'I was on my way to the metro station from home,' Polina Nikolskaya, the reporter said.
'She was standing near the metro entrance and caught my attention because she was screaming Allahu Akbar. I saw that she had a bloodied head in her arms, but I thought it was not real. People in the crowd said it was real.'
In further footage from the scene, the woman can be heard shouting about the end of the world while proclaiming herself a terrorist.
The station was closed to passengers for some time, but no explosives were found on her.
Dramatic footage shows the moment police sprinted in towards the woman and tackled her to the ground.
Emergency services had earlier been called to an apartment nearby amid reports of black smoke billowing out windows.
Firefighters rescued four people and put out the blaze - but then found the child's beheaded body.
Investigators claim that the babysitter waited until the parents of an older child had left the apartment before carrying out the murder and starting a fire.
The source in the Investigative committee told TASS: 'She waited until the parents with the elder child left the flat, then for unknown reason she killed the child, set fire to the apartment and left the scene.
'She was detained at the metro station Oktyabrskoe Pole.'
The dead girl, who is said to have had learning difficulties and could not walk, had a 15-year-old brother. Her family, from the Oryol region, was renting the apartment.
The girl's mother, who works in a wedding shop, was rushed to hospital in an unconscious condition after learning of her daughter's death. Her father is a technician at a mobile phone company.
The parents told police the nanny had been working for them for 18 months and a source told Interfax that she was 'drugged'.
Sources say the babysitter told interrogators she did not want to hide from police, and aimed to draw maximum attention to what she has done.
She had not intended to ignite the flat deliberately and destroy evidence, she said, according to the source, and wanted the parents to know who had killed their daughter.
The woman had a valid residency permit for Russia but was working illegally. She had no work permit, said officials.
Police are not currently treating the incident as terrorism.
dailymail.co.uk/news/article-3469100/Woman-black-burka-holding-child-s-severed-HEAD-shouting-Allahu-Akbar-shuts-metro-station-Moscow.html#ixzz41Z32B0sj
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British Muslim Girls Being Forced Into Marriage via Internet
PTI | Feb 28, 2016
LONDON: Minor Muslim girls in the UK as young as 11 are being forced to marry men living abroad via the internet notwithstanding a ban on forced marriage in the country.
Imams in the UK and abroad have been conducting ceremonies using Skype -- so girls can be married remotely before "being put on a plane and consummating the marriage at the earliest opportunity", according to Freedom, a charity.
The marriage is often conducted with the promise of a visa to the UK for their new husband, it said.
"The reason is to curb the behaviour of their children when they become 'too western'," charity founder Aneeta Prem was quoted as saying by 'The Sunday Times'.
"Once married, there is enormous pressure to get a spouse visa. The hope is the girl will visit (country of husband's origin) and fall pregnant to make the union seem more legitimate before bringing the partner back," she said.
In one case, an 11-year-old home-educated girl from London was married on Skype to a 25-year-old man in Bangladesh.
She contacted Freedom in November after reading a book about forced marriage that her older brother was given at school.
"She hadn't understood at the time but later realised the Skype call was a marriage ceremony. The plan was for her to meet her 'husband' at a later date and hopefully fall pregnant.
In the meantime, she was at home learning to cook and clean," said Prem, the author of 'But It's Not Fair' - an account of forced marriage.
"We see cases from many communities including those from Hindu, Sikh, Jewish, and Mormon backgrounds. No religion accepts forced marriage but some parents are using it as a method of control," she added.
Forced marriage was made illegal in England, Wales and Scotland in 2014 but there has been only one conviction and it did not involve a child.
Karma Nirvana, a charity that runs free workshops to raise awareness of forced marriage, said in a two-month period at the end of last year it had received 38 referrals from 14 schools, including 11 from one school in Birmingham made the day after it gave a presentation.
The UK Department of Education said: "We trust teachers to know what their pupils will benefit from most, rather than prescribing a one-size-fits-all approach".
timesofindia.indiatimes.com/world/europe/British-Muslim-girls-being-forced-into-marriage-via-internet/articleshow/51179212.cms
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Bosnia mulls courtroom headscarf ban for Muslim women
29 February 2016
Authorities are embroiled in an intense headscarf debate in Bosnia-Herzegovina. Muslim women who work in courts and wear headscarves for religious reasons may not be able to do so in the future.
Bosnien und Herzegowina Laden mit Hijjab
Aldina Suljagic-Piro has worn her headscarf for 20 years. The 33-year-old holds a diploma in law and lives in Tuzla, in eastern Bosnia. She is openly fighting for her right and the right of other Muslim women to wear their headscarves in courtrooms in the face of a potential ban. In October 2015, the highest judicial council of Bosnia-Herzegovina decided to ban "religious symbols" from courts and other legal institutions.
It's a slap in the face for Suljagic-Piro and her headscarf-wearing colleagues, especially because no public debate on the issue took place. "I am sorry that the council did not deem it necessary before making a decision to allow for the possibility of becoming acquainted with people who wear headscarves and to convince themselves that there is no reason or cause for such a degrading act," Suljagic-Piro told DW.
Though the ban covers all religious symbols, including Christianity's cross, Muslims seem the most upset by it. Suljagic-Piro said her headscarf was not a mere "symbol," but the "identity of a Muslima" and an Islamic obligation.
Sarajevo
This courtroom in Sarajevo could someday be headscarf-free
'Conditions of inequality'
Dzevada Susko, director of the Institute for the Bosniak Islamic Tradition, fears that women with headscarves could lose their jobs. Susko, a historian and political scientist, said she knew of at least 20 women whose jobs would be threatened by the ban. Still, she said she was glad that a discussion about headscarves had been initiated. "If we live in a democratic state, then it is important to have a public debate about an issue that obviously relates to the status of religious communities in public spaces," Susko said. She said debate over the headscarf in a plurality-Muslim country such as Bosnia-Herzegovina was distinct from such discussions in places like Germany, where many consider Islam a more recent - or even foreign - phenomenon. The debate in Bosnia-Herzegovina has an additional historical context because for several decades the country was part of socialist Yugoslavia. "In Bosnia-Herzegovina, there is an understanding that religion should not be visible in public spaces," she said.
That secular view of religion's role in public society is shared by Jasna Samic, a specialist in Middle East studies who has lived between Sarajevo and Paris for decades. She supports banning religious symbols from public offices and, in particular, legal facilities. "Religion should finally be confined to private spaces," Samic said. She feels that the contemporary headscarf in Bosnia-Herzegovina is copied from Saudi fashion, is closely connected to Salafist groups and represents a "return to a system that deprives people of their freedom - or a return the dark ages."
Armina Omerika, a German scholar of Islam, said banning religious symbols would not create equality in Bosnia-Herzegovina or contribute to the country's secularization. "Women have a hard time getting jobs," Omerika said. "If a group of qualified woman is marginalized explicitly for their outward appearance, then the current conditions of inequality have only deepened." Omerika noted that similar debates in Germany had shown that such bans in fact hindered equality efforts: "Young women are acquiring qualifications, they have an education, and now they are denied access to the work market."
The lawyer Suljagic-Piro refuses to give up her headscarf. "I will personally not back down because of a decision made by the high judicial council, nor will I abandon my plans for my own law firm," she said. "Actually, these unpleasant events are additional motivation to justify my headscarf and to make my profession even better and more professional."
dw.com/en/bosnia-mulls-courtroom-headscarf-ban-for-muslim-women/a-19080860
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Non-Sharia Conforming Fashion Show Disbanded in Aceh
February 29th, 2016
TEMPO.CO, Banda Aceh-Aceh municipal government has disbanded a talent show called “Indonesia Model @Hunt” on Sunday, February 28, 2016 at Grand Naggroe Hotel, Banda Aceh considering it has violated the Islamic laws (sharia).
The disbandment was carried out by the Public Order Agency (Satpol PP) and Wilayatul Hisbah (sharia police) after received reports from a number of residents beforehand. Banda Aceh Mayor Illiza Saaduddin Djamal also oversaw the disbandment. “I have received reports from residents, there’s an illegal fashion show. I came with Satpol PP and immediately disband the show,” said Illiza in his statement to the media.
According to Illiza, the talent show was disbanded because it has not obtained license and recommendation from Ulema Deliberation Council (MPU) of Banda Aceh. In addition, the wardrobe presented in the show has violated the sharia law. Illiza said that he saw a participant in the fashion show who did not wear hijab. “There’s also a participant who even wore a mini skirt. This is definitely against the implementation of sharia law in Aceh,” he said.
After being disbanded, participants and organizers were brought to the City Hall to be educated. The organizing committee had promised to compensate for the entire registration fees of the respective participants and the agencies.
The Chairman of the Contest’s Organizing Committee, Pandapotan Siahaan, said that during the technical meeting all participants were wearing hijab and dressed according to sharia. However, some showed up on the stage without hijab. Some were even wearing shorts and tank tops.
According to him, the organizing committee had not made any instruction to remove the hijab. Last year, similar contest were also held, but all participants were wearing hijab and dressed according to sharia on stage.
en.tempo.co/read/news/2016/02/29/055749143/Non-Sharia-Conforming-Fashion-Show-Disbanded-in-Aceh
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Sharmeen Obaid Wins Second Oscar Award, Makes Pakistan Proud
February 29th, 2016
The filmmaker won for her documentary A Girl in the River, which sheds light on honour killing in Pakistan
Just minutes ago Sharmeen Obaid Chinoy made history as the only Pakistani to win two Oscar awards.
Sharmeen was awarded the Oscar in the category Best Documentary - Short Subject for her documentary A Girl in the River, which follows the life of an 18-year-old girl who is a survivor of an honour killing attempt.
Wearing a floor-length black Sana Safinaz coat over a matching dress, Sharmeen had earlier walked the red carpet with her mother and the SOC Films team.
"I have another one!" said Sharmeen as she took the stage to accept the award, her second after she won an Academy Award for Saving Face in 2012.
“This is what happens when determined women get together," continued Sharmeen. "From Saba, the girl in my film who remarkably survived honour killing and shared her story, to Sheila Nevins, Lisa Heller from HBO and Tina Brown who supported me from day one. To the men who champion women, like Geof Bartz who has edited the film to Asad Faruqi, to my friend Ziad who brought this film to the government, to all the brave men out there like my father and husband who push women to go to school and work and who want a more just society for women!"
"This week the Pakistani PM said he would change the law on honor killing after watching this film -- that is the power of film!" said Sharmeen in closing.
Sharmeen has been in Los Angeles for the past week in preparation for the Academy Awards, arguably Hollywood's biggest night of the year. Sharmeen had previously said that while she was excited by the prospect of winning another Oscar, she would consider her work on the documentary a 'real' success if she managed to help convince stakeholders to pass the Anti-Honour Killing bill.
Sharmeen definitely caught the government's attention with A Girl in the River -- the film was screened at the PM House in Islamabad just last week. Following that, Prime Minister Nawaz Sharif said that honour killing was a critical issue and voiced his government’s determination to eradicate this practice from society.
Just a few hours before her win Sharmeen had stated in a Facebook post: "In just a few hours the team of A Girl in the River: The Price of Forgiveness will walk the red carpet at the Oscars! Whether we win or lose today we should be very proud of the fact that this film has ignited a national discourse about honor killings in Pakistan and has spurred the government to work on tougher legislation! That achievement shows that we are maturing as a democracy and today I'm so very honored and humbled that we have been able to move the needle on this issue."
Sharmeen has gone a long way to make Pakistan proud.
images.dawn.com/news/1174914/sharmeen-obaid-wins-second-oscar-award-makes-pakistan-proud
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UK launches free English lessons for Muslim women
29 February 2016
Britain is to fund free English language lessons for vulnerable Muslim women in a bid to curb extremism, Prime Minister David Cameron said Monday.
The prime minister said women from migrant communities suffered discrimination because of their poor language skills and this could lead to some becoming radicalized and exploited by extremist groups.
More than a fifth of Muslim women - 22 percent - speak little or no English, he said.
“If you have people growing up in a house where no one speaks English then they're less able to talk to the school, they're less able to communicate with the local GP [local doctor], they're perhaps less able to communicate with others at the mosque or elsewhere,” he told BBC radio.
He added: “I'm not saying there's some sort of causal relation between not being able to speak English and becoming an extremist, of course not. That would be a ridiculous thing to say.
“But if you're not able to speak English, not able to integrate, you may find therefore you have challenges understanding what your identity is and therefore you could be more susceptible to the extremist message that comes from Daesh.”
Shuja Shafi, secretary general of the Muslim Council of Britain, offered a cautious welcome to the 20 million pound ($28.5 million) scheme. He said Cameron was “absolutely right” to want English to be taught more widely.
“But the prime minister's aim to have English more widely spoken and for better integration falls at the first hurdle if he is to link it to security and single out Muslim women to illustrate his point,” Shafi said.
“Muslims are only one third of the minority population. Reports suggest a significant proportion of immigrants from Eastern Europe struggle with English.”
en.mugtama.com/index.php/youth/education/item/5189-uk-launches-free-english-lessons-for-muslim-women.html
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How Arab women fought female genital mutilation in Israel
February 29th, 2016
By Eli Aminov
Half a century ago, one didn’t need to go all the way to Kenya to research the phenomenon of Female Genital Mutilation (FGM): you could do so in Israel. The practice was common among some of the Bedouin population in the Negev, and this was 40 years after the majority became Israeli citizens.
A number of years ago, Dr. Haim Balmeker, a psychiatrist from Ben-Gurion University Medical School, gave an interview to Ynet’s Avital Lahav about his research project from 1993, which revealed that six Bedouin tribes in southern Israel practiced FGM by cutting off the woman’s clitoris:
My research was based on two sources. One was a poll in which women were asked if they had undergone FGM, and a gynecological examination. The examination took place for health reasons that were not connected to the research, but we asked for the women’s permission to allow the doctor to check whether they had undergone mutilation. We found six tribes in which all the women had undergone cutting.
According to Dr. Balmeker, the research briefly made waves. “Bedouin doctors attempted to fight against the phenomenon,” he says, “but they quickly came up against stubborn opposition based on tradition and closed tribal norms.” And just like that, after 15 years, researchers returned to those same six tribes in 2009 and did not find a single woman under the age of 30 who bore scars.
Members of the tribes offer up no explanation for the phenomenon. “There are processes that simply cannot be expressed with language, like the loss of tradition,” Balmeker told Ynet. Most of the time they deny the existence of the practice with the same fervor with which they defended it just 15 years prior. “Women who took part in the previous study claimed that this was an important tradition, and that they would not give up the right to cut their daughters. It seems like time is stronger than any declaration.”
“This is an example of modernization among the Bedouin population in the Negev,” Balmeker sums up. “There is no downplaying this development, although it is unclear who should receive credit for it,” added Lahav.
‘A backwards tradition’
It is time, then, to reveal exactly how and why this dramatic change took place: a feminist Palestinian organization, Al-Fanar, exposed the phenomenon to the public and went to war against it.
Al-Fanar was established by Palestinian women from Israel, with the goal of struggling against the ills of Palestinian society and the Israeli authorities that cultivate them for their own reasons. Al-Fanar’s main struggle was against the murder of Arab women, what is often called “honor killings” — a codename for crimes committed in the name of maintaining male supremacy. The organization also fought against a series of injustices, whether they stemmed from Arab patriarchy or the Jewish state.
The fight against female genital mutilation among these Bedouin tribes was one of Al-Fanar’s most important struggles. In June 1992, the organization distributed flyers in Arabic condemning the phenomenon, criticizing the silence around it, and calling for an end to FGM. The decision to act came following the results of the study, which were published in a “Harefuah” medical journal the same year.
The flyer, under the headline “Put an end to female genital mutilation,” read as follows: “Recently four doctors published a study revealing another custom by the patriarchal, backwards traditions of Palestinian society, a custom that left and continues to leave many victims that no one talks about.” The flyer also attacked the silence surrounding the practice: “Quietly, away from the public eye and human morality, Bedouin teenagers are being attacked. They are being stripped of their bodies and their mental health, and are becoming handicapped due to their families, in the name of tradition and customs from the dark ages.”
The flyer goes into detail about just how female cutting handicaps these young women: “These teenage women undergo a horrifying and humiliating surgery whose purpose is to prevent them from enjoying sex and a fulfilling married life… and no one says a thing. This barbaric act turns the Bedouin teen into a container for the man’s desires and an unemotional birth machine… it makes her more vulnerable to diseases and turns her life into one of suffering.”
‘It’s just a piece of skin’
As part of its struggle, Al-Fanar turned to various bodies, including the Israeli attorney general, the police, children’s rights groups, the Palestinian leadership, members of Knesset, and others.
Dr. Manar Hassan, one of the founders of Al-Fanar who teaches at Ben-Gurion University, told me that it was the Israel National Council for the Child, which immediately enlisted in the fight against the phenomenon. Members of the Council met with Bedouin social workers, agreeing the the Council would be willing to “lend a helping hand in collecting and going over information on this painful subject.” The members also expressed their willingness to “assist with legal aid in order to protect girls from these kinds of acts.”
But not many groups agreed to be associated with Al-Fanar in this struggle, and some even supported harming these young women. In June 1992, the newspaper Al-Sinara published an interview with Dr. Abed Asli, one of the four doctors who took part in the study published in Harefuah. In the interview, Asli explained that the “purpose of the study was solely medical and scientific.” Asli described FGM as practiced by the Bedouin tribes as follows: “It’s no more than a small wound, a removal of a piece of skin.”
When Asli was asked about the effects of FGM on women’s sexual pleasure, he responded that the practice is done in Africa “in order to ensure male domination of the woman when it comes to sex,” since “removing the clitoris prevents a woman from succumbing to her sexual desires.” Asli then immediately claimed that this diagnosis does not apply to the Bedouin tribes in Israel. Here, he says “no one shown that female cutting harms girls’ sexual pleasure or that it is meant to control women.” Furthermore, he added, “we must confirm whether or not the clitoris causes women to reach orgasm.”
The apex of Asli’s medical, scientific study is his recommendation to conduct female genital mutilation against girls under “medical” and “scientific” supervision as a “first step,” rather than “at the hands of unprofessional women with no medical training — medical and scientific supervision that will take place in clinics, so as to avoid complications.”
The women of Al-Fanar demanded to publish a response to the interview in Al-Sinara, but the newspaper refused. Instead the organization published it its journal under the headline “Silencing the victims,” which praised that the study “for the first time ever put Israel on the list of countries where this horrible practice takes place.” The article also condemned “Dr. Asli’s unwillingness to take responsibility for exposing this criminal phenomenon, which leads him to defend and prop it up.”
The doctor’s suggestion of “carrying out the deed in appropriate medical conditions” was condemned and rejected. According to Al-Fanar, the suggestion “is nothing more than an attempt to grant legitimacy and perpetuate the crime.” The group further wrote that “female genital mutilation is a heinous crime against helpless girls. Governments under which this procedure takes place, as well as doctors who do not report these crimes, are nothing more than criminals.”
Shaming works
Dr. Balmeker, who describes how his study led to minor controversy, was probably not aware of what was happening in Arab society in those years. In 1992-1993, the issue of FGM was one of the most important topics among Arab citizens of Israel.
Exposing the Jewish population to the issue surely helped, with Israeli feminist organizations supporting Al-Fanar’s demands vis-a-vis the authorities once there were reports in the Hebrew press. Six months after Al-Fanar’s declaration of war, the Knesset established a committee to promote the status of women. Immense pressure was put on the Bedouin tribes from both the authorities and the Arab leadership.
The pressure was extremely successful, and we must try to understand why, even if we do not have clear answers. According to the feminist activists, the success was due to the fact that only Bedouin women really cared about the custom, while the men had already understood that expressing an opinion on the matter was beneath them. Since the Bedouin patriarchal structure preferred to ignore the issue, the pressure was able to convince the women. But we must remember that none of this would have been possible without the hard work of the Palestinian feminists from Al-Fanar.
972mag.com/how-arab-women-fought-female-genital-mutilation-in-israel/117427/
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350,000 Saudi women are employed in private sector
29 February 2016
JEDDAH: Recent statistics from the Ministry of Labor show that the Saudi private sector employed more than 350,000 women at the end of 2015, and the figure is expected to reach 450,000 by the end of 2016, a local publication reports.
According to sources quoted in the local media, the increase in female employment has been ascribed to the response made by specialized educational institutions to the needs of the labor market. These institutions introduced a set of programs and curricula capable of meeting the needs of the market. The content of their courses was chosen to conform to the needs of the market with a particular emphasis on women’s goals.
According to Hala Halawani, the director of an institute of design in Riyadh, the main objective of the institute is to enable women to receive qualitative knowledge so they can get the required skills to become international designers, and meet the needs of the Saudi labor market. “Overall, the aim is for them to become professionals in the industry,” she concluded.
Speaking about the general curriculum of study and the links with the needs of the labor market in the Kingdom, she said: “We continuously introduce international educational programs to provide women with the necessary skills to enter the labor market and compete in the world of entrepreneurship. This will help to support the national economy and provide job opportunities for girls after graduation. Recently, we opened a laboratory for jewelry design which follows international specifications for quality, for example, and we also developed a photography laboratory in line with international standards.”
She said that her institute offers training in fields required by the labor market that are not based on studies alone but on the realities on the ground. “We receive many requests for employment for our students while they are still studying. International forecasts indicate that the design industry ranked third on the list of the expected international demand for specializations by 2020,” she added.
On the social responsibility of her establishment, she added: “Although it has been only a year since we established the business, we began from the first day of operations by assuming our social responsibility and allocating study positions free of charge for talented students.”
The Ministry of Labor said in a recent report that securing suitable jobs for women was one of the most important goals for Saudi society. The ministry said it works with its partners in the labor system to provide a work environment that is safe for women and compatible with Sharia standards.
Confirming this, the ministry recently held a training workshop at the Riyadh Chamber of Commerce and Industry during which it reiterated that the labor system — represented by the Ministry of Labor, the Human Resources Development Fund (HADAF), the General Organization for Technical Education and Vocational Training and the General Organization for Social Insurance — works as one unified system to support the employment of Saudis in the private sector.
arabnews.com/saudi-arabia/news/888031


No Violent Act Is Justified nor Reinforced In the Teachings of Islam



By Tanveer Khadim
February 28, 2016
The Punjab Assembly unanimously approved the Protection of Women Against Violence Bill, calling for an end to all criminalities against women, such as, domestic violence, acid attack, rape, psychological and economic abuse, stalking, and cyber-crimes. The 31 clauses of the new bill provide an efficient system for complaint registration and penalties for offenders.
According to the clauses, a toll-free helpline (UAN number) will be launched to receive direct complaints. It also calls for the creation of protection centres and shelters homes, where conflicts and misunderstandings can be settled and help partners reach reconciliation.
Under the law, those convicted of life-threatening crimes against women will have to wear a GPS bracelet and any illegal meddling will be dealt with a GPS tracker that can result in one year imprisonment and a fine up to Rs200, 000. The law further states,
“To protect life, dignity and reputation of the aggrieved, a woman protection officer may direct the defendant to move out of the house for 48 hours.”
Moreover, any unfair accusation and fabricated complaint can result in a three months imprisonment or a fine of Rs100,000. The bill also directs family courts to fix hearings within seven days of a complaint.
Overall, it is a historic bill to protect women against all evils and crimes. The well-organised implementation will definitely help females by guaranteeing that criminals will be held for their criminalities and a malevolent individual will not go unpunished. The new law emerges as a saving mechanism for prevention, combating and eradication of violence against women as well as for security, justice and reintegration of the mentally and physically tortured victims.
The bill has magnificently covered all the critical must-have consolidated statutes dealing with violence and crafted the complaint system easier than ever. It’s certainly a milestone towards women rights, empowerment and gender equality.
However, there is a section of society that strongly opposed the new protection bill and considered it an attempt to authorise secularism, deteriorate cultural values and vulgarity in the country.
Punjab government’s spokesman Zaeem Qadri stated that this bill collides with our social setup and involving man in such a way would affect the domestic lives.
Furthermore, a prominent cleric Mufti Muhammad Naeem also openly criticised the protection law by terming it against our culture and Islamic Sharia. He accused the Sharif brothers for promoting secularism and liberalism by following western values. Surprisingly, the party that opposed this bill the strongest was PTI.
I failed to understand the hue and cry over a simple straightforward law for merely the protection of women. The people who think that curbing such violent acts would collide with our social setup and cultural values are actually the believers of patriarchal societal structure. Such criticisms are a way of reinforcing male supremacy, thus creating notions of religion, culture and traditions justifying the male domination and longing to control women lives. This sort of mind-set puts women in an extremely vulnerable situation.
The rate of violence against women throughout the country paints a very gloomy picture. There are instances where husbands have attacked their wives and cut their noses, lips and ears after domestic disputes. Such incidents occurred in different cities such as Faisalabad, Abbottabad, Bahawalpur, Mansehra, Naushero Feroze and various parts of Balochistan.
In Pakistan, women are murdered merely for giving birth to girls, burnt in fake incidents of stove burning, suffer acid attacks, rapes, spousal abuse, forced abortions, forced prostitution, acute domestic violence and swapped for settlements. Unfortunately, most of these crimes go unreported due to lack of women independence, social acceptance and weak legal and justice framework. These dreadful instances highlight the sufferings of women in the name of cultural and religious norms that male dominated societies endorse.
In our society, women are considered secondary, so they must be obedient and subservient. This passive role is levied by the conformist society in so many different ways – via society’s traditional beliefs, ancestral customs and religious codes. Conventional traditions and attitudes fabricated on artificial rule-books of culture, religious and sociological doctrines make it extremely challenging for a woman to stand up against such practices.
Initiating a domestic violence law for the protection of women is not mental slavery of the west. Cutting off women’s facial features are not social values in any part of the world. No violent act is justified nor reinforced in the teachings of Islam. Likewise, such legislation cannot destroy the family system or domestic lives.
There is a huge difference between religious beliefs and man-made values. In this modern and technological age, women are subjected to various forms of gender-based violence, unscrupulous control, sexism and misogyny reinforced by patriarchal theories. Social custom is a euphemism for deep-rooted patriarchy that condones violence against women. Everything that stresses women’s respect and dignity is in fact an incipient provocation for strong patriarchal mind-set.
The rotation of shameless crimes won’t be interrupted till criminals are not penalised. All male members of society are not accountable for violence and crime against females, but they must use all means to cease it. Intensive campaigns that alter the significance to tackling men’s approach rather than women’s attitude are pivotal so that deep-rooted cultural change uplifts women’s status on the basis of humanitarianism and not on man-made biased social customs. This can only be possible if each and every law is enforced effectively with strong commitment.
Tanveer Khadim is an avid reader, freelance writer and a blogger, Tanveer is pursuing fashion designing.
Source: blogs.tribune.com.pk/story/32607/why-did-pti-so-strongly-oppose-the-protection-of-women-against-violence-bill/

Beyond Rituals: The Deeper Teachings Of Islam




By Mehvish Muneera Ismail
February 27, 2016
I recently went for Friday prayers in the Foggy Bottom neighbourhood of Washington DC. The Khutba preceding the prayer was remarkable and noteworthy. It was a sermon as different as could be from what you would hear in the vast majority of the mosques in Pakistan, but the content of which was exactly what they need to be imparting. The Khateeb spoke about our responsibility as Muslims, but his message extended beyond the obligations of prayers and reading the Holy Quran. He spoke of abstaining from backbiting, being polite towards all you come across, to greet strangers with a smile – though not to creep them out (prompting brief laughter from the audience), to respect women – all women, not only the ones related to you — and stressed the importance of guarding one’s modesty as men, and not just as women. This Khutba made me realise that in Pakistan, we have effectively forgotten to talk about an entire aspect of Islam – that it goes beyond rituals and is a way of life.
For example, I have yet to hear a Khateeb talk about social etiquette – an oversight that I am reminded of every Friday in Pakistan when it is time for afternoon prayers. Road ethics in particular must be imparted to those attending mosques. In many of our cities, such as Karachi, come time for Friday prayers, there is general pandemonium within a street’s radius on all four sides of the mosque. Cars will be parked in a manner that effectively blocks roads, or the drive through and entrance of houses or offices. In short, houses around mosques, people living or working in close vicinity of it, or passers-by will be affected in terms of mobility every Friday during prayer timings because the faithful assume that their sole responsibility is to make sure they attend the weekly prayer. To ensure timely attendance, many of these people would have sped to the mosque, putting their own lives and those of others at risk by disregarding driving ethics and traffic signals on the way. Almost everyone attending Friday prayers is aware of this issue, but few would have thought it through. What if someone living two houses down from the mosque has a medical emergency and needs to go to the hospital or requires an ambulance? Will they be able to leave the house or will an ambulance be able to make it to their door step, given the entire street has been effectively blocked by prayer goers. What if there is a fire? Would a fire brigade be able to come to the rescue?
Do we really think that we will not be judged on those actions that inconvenience others around us? Surely not! Isn’t it about time we realised that Huqooq-ul-Ibaad are just as important. Our Maulanas and Khateebs should be encouraged to use the opportunity every week brings to help cultivate civic sense in our masses, to impart knowledge about matters such as, the etiquettes of attending prayers, following traffic rules, keeping our roads clean, fairness and equality among men of all economic stature, respect for all religions, protecting our environment, of conservation of natural resources such as water or energy, and basic regard for all living things – animals and plants included.
Unfortunately, in Pakistan, the way we practice religion now revolves around the ‘actions’ associated with piety or religious practice. Gone are the days when religious teachers, grandparents, and parents spoke to children about Islam’s teaching on how to live our everyday lives. Discipline, punctuality, politeness, honesty and respect for all, irrespective of their socio-economic standing, tolerance, and a list of countless other things that are an integral part of our faith, but have been cast aside. What matters today is how much money you have, what car you drive, how you dress and if you are a person of importance, and therefore someone one should care to know or respect. All of which is of the least importance in our religion.
It’s about time that we started reclaiming our mosques and our religious centres. We must ask our religious teachers and scholars to use the teachings of Islam to help us become better human beings — to use religion as a means of bringing about unity in our ethnically divided communities, rather than sprouting hatred and distrust between sects and schools of thought. Why limit the indicators of religious piety to the number of Hajj, Umrahs, sacrifices and prayers? Let’s extend it and use it as a way to improve society. The onus is on us – will we change your conversation about religion? Will you or I talk about this to our local Khateeb?
Mehvish Muneera Ismail is a lawyer with a post-graduate degree from the University of Cambridge, UK. She is recipient of the Cambridge Commonwealth Trust Award and the Noon Educational Foundation Award.
Source: tribune.com.pk/story/1055528/beyond-rituals-the-deeper-teachings-of-islam/

Wednesday, February 17, 2016

Is Carlotta Gall Right about Pakistan?


By S. Mubashir Noor, New Age Islam
16 February 2016
Pakistan's President Mamnoon Hussain believes Valentine's Day celebrations have "no connection with our culture." The expensive suits and ties both he and Prime Minister Nawaz Sharif don with pride are, of course, standout symbols of Islamic society and have nothing to do with our colonial hangover.
It would have been far more presidential of Hussain as the keynote speaker at an event marking Pakistan Movement leader Sardar Abdur Rab Nishtar's death anniversary to passionately rebut Carlotta Gall's recent New York Times (NYT) op-ed titled "Pakistan's Hand in the Rise of International Jihad." Gall's incendiary prose herein posits a strong link between Pakistan's "deep state" and the rise of Islamic State militants (ISIS) among other "international Mujahideen forces."
No surprises here. Gall, after all, penned "The Wrong Enemy: America in Afghanistan 2001-2014," a tome that rationalized Washington's failures in Afghanistan as the direct result of Pakistan's duplicity. She argued that US forces should have kept marching east after felling Kabul instead of invading Iraq. Why? Because without Pakistan's patronage, neither the Taliban nor Al-Qaeda could ever have bloomed in the region.
Her logic, however well constructed, distorts events that marked and followed the anti-Soviet jihad. It also completely absolves Washington of blame in the rise of the Taliban and Osama bin Laden. Not only is the Union Oil Company of California's (UNOCAL) Taliban connection immortalized in newspaper articles from 1997, but copious details of the CIA-run Operation Cyclone in Afghanistan also litter the internet.
That said, Gall makes some compelling arguments in the op-ed though her conclusions can veer off course. Let me start with what I find agreeable. There is little doubt that Pakistan, at certain points in history, pursued an Afghan policy that was both counterintuitive and bereft of the long view on consequences.
We now have close to 50,000 dead civilians as a result of former "assets" chewing through the leash and going rogue. The Army Public School (APS) massacre in December 2014 made clear to Pakistan's establishment, we hope that further delusions of a good and bad Taliban were unacceptable.
Unfortunately, question marks still dog the National Counter Terrorism Authority (NACTA) a year later, crucial madrasa reforms are stuck in limbo and known rabble-rousers like Hafiz Saeed and Maulana Abdul Aziz continue to roam free courtesy of legal loopholes. The army added torque to Operation Zarb-e-Azb after the APS attack, but scolds the Sharif government for not moving in lockstep.
The ISIS analogy, to me, is where Gall's narrative creeps into foggy, conspiratorial territory because she offers no motive. Surely Gall remembers from her own book that Pakistan's geostrategy orbits around its seven-decade old rivalry with India. Managing this relationship to Pakistan's advantage is the sole purpose of "strategic depth." If the "deep state" has ever sponsored Islamist groups outside of US diktats, it has been to counter India in Afghanistan and Kashmir.
Pakistan, of course, also has bilateral issues with Afghanistan dating back to 1947. The latter was the only UN member to oppose Pakistan's entry into the world body, a result of misplaced anger at the British Raj's partition plan. Its Republican-era rulers also fuelled Pashtun nationalism inside Pakistan as payback, tacitly supporting a secessional movement. Perhaps beset with territorial insecurity, Islamabad then used Islamist dissidents as a counterweight, though Kabul's deepening ties with New Delhi may have catalyzed the process.
Gall may also recall that non-interference never was Washington's forte in its own backyard, especially when neighboring governments ran contrary to perceived national interests. Guatemalan President Jacobo Arbenz became the first victim of CIA-instigated coups in 1954 when he attempted land reforms that threatened US business interests.
President Salvador Allende of Chile was similarly sent packing in 1973 for being a socialist. Both countries fell prey to murderous juntas for decades afterwards. Later came the infamous Iran-Contra Affair of 1985, when the Reagan White House authorized arms sales to sworn enemy Iran to fund rebels in Nicaragua. The list goes on.
Although Gall's piece is a hit-and-miss affair in my opinion, Pakistan clearly has a huge PR problem. If Washington is still unsure of Islamabad's loyalty 14 years into Operation Enduring Freedom, as statements yo-yoing between praise and criticism indicate, then it is time for the Sharif government to either hire new lobbyists or do some serious soul-searching about this persistent trust deficit.
S. Mubashir Noor is a freelance columnist and audio engineer based in Islamabad

Blessings of Saudi Arabia — I: Hussein ibn Ali al-Hashimi the Sharif and Emir Of Mecca Played His Part To Bring Muslim Glory To Its Knees For The First Time In 1,300 Years


By Tahir Ali
February 16, 2016



Hussein ibn Ali al-Hashimi was the Sharif and emir of Mecca

Saudi Arabia is the Muslim heartland by virtue of its status as birthplace of Islam, land of the Holy Prophet (PBUH) and the site of the holy cities of Mecca and Medina. After the fall of the Ottoman Empire, Saudi Arabia emerged as a new Muslim leader and since then it has been enjoying great respect among the Muslim Ummah (community) around the globe. Being a leader, it carries the huge responsibility of integrating, shaping and leading the Muslims of the contemporary world but this leadership role has been seriously dubious and questionable since Saudi Arabia assumed this role after World War I.
Owing to the respect and status it carries in the Muslim world, especially in Pakistan, not much has been written or spoken on this dubious leadership role until the recent Saudi attack on Yemen, which has been massively criticised in the Muslim world, including Pakistan. However, this is not the first time that in pursuit of its personal interests and benefits, Saudi Arabia has brought suffering to fellow Muslims and their homelands. In fact the whole of the 20th century is full of selfish geopolitical Saudi policies that have played a vital role in taking Muslims to today’s miserable position. Ironically, not many of us are aware of these ‘blessings’ of Saudi Arabian policies. In this article I will discuss major events of the 20th century by which Saudi Arabia has caused huge damage to the Muslim world for its vested interests. In this regard, in my first article here, I will start from World War I, the point of the rise of Saudi Arabia.
During World War I, the Ottomans decided to become allies of Germany against the UK, France and Russia. At that time, Hussein ibn Ali al-Hashimi was the Sharif and emir of Mecca, and was unhappy with the Ottomans mainly due to the rise of Turkish nationalism. Sharif, directly appointed by the Ottoman Sultan, initially allied with the Ottomans but later started secret negotiations with the UK to defect. Secret negotiations were conducted through a series of letters between Sharif and the British High Commissioner in Egypt, Henry McMahon. In the letters, the UK assured Sharif of recognising Arab independence after World War I and Sharif as leader of Saudi Arabia, in exchange for the revolt against the Ottomans in the Middle East. The area of a future independent Arab kingdom was also identified and Sharif was assured that the limits and boundaries of his kingdom and other Middle Eastern nations would be determined as proposed by Sharif. However, these letters did not mention anything about Palestine, since Palestine was already picked as the new home for the Jews, so it was deliberately left out. Sharif agreed to the terms and 70,000 Arabs fought against the Ottomans with the help of the UK and France, and caused heavy losses to the Ottomans in the Middle East. Their major assaults include the capture of Aqabah and the severing of the Hejaz railway, a vital Ottoman strategic link from Damascus to Medina. The main leader of the Arab Revolt was Faisal, the son of Sharif. While dreaming to be the leader of Arabia, Sharif had already declared himself king of Hejaz in 1916.
When the Arabs and Sharifs were fighting passionately against the Turks in anticipation of their independence and leadership of the whole Arabian Peninsula, Syria and Iraq, T W Lawrence, a British military officer and a diplomat, who played a vital role in convincing the Sharifs to defect against the Turks, described the Arab Revolt as: “Beneficial to us (the UK) because it marches with our immediate aims, the breakup of the Islamic ‘bloc’ and the defeat and disruption of the Ottoman Empire, and because the states [Sharif] would set up to succeed the Turks would be…harmless to ourselves…The Arabs are even less stable than the Turks. If properly handled they would remain in a state of political mosaic, a tissue of small jealous principalities incapable of cohesion.”
McMahon’s promises of recognition of Arab independence under Sharif’s leadership made through these letters were considered a formal agreement by Sharif. Sharif was confident of the fulfilment of this agreement after the war. However, this was just a sugar coated pill for Sharif in view of the UK’s imperial traditions, which used these promises as their war strategy. The UK and France had already planned to divide the conquered Arab area through the secret 1916 Sykes-Picot Agreement. After the war, as per the agreement, conquered Arab territories were divided into British and French administered areas and Palestine was internationalised for the creation of a future Jewish state. Sharif only came to know about the agreement when it was leaked by the new Russian government in December 1917, but was satisfied that the British government’s commitments to the Arabs would be fulfilled and that the Sykes-Picot Agreement was not a formal treaty. However, this was a pill again and the whole of Arabia was divided after the defeat of Germany and the Ottomans. The UK, France and Russia divided Jordan, Egypt, Turkey, Iraq, Syria and Lebanon among themselves.
Instead of the whole of the Arabian Peninsula from Gaza to the Persian Gulf, the Sharifs only got a limited amount of land to reign over and that too for a short period of five years. Hejaz was an area of 260,000 km with a 750,000 strong population and Sharif was appointed king by the UK but soon was overthrown by the Al-Sauds in 1925. The ‘long lasting’ friends of Sharif - Britain - chose not to help the Sharifs against the Al-Sauds because the objectives sought were not a powerful independent monarch in the form of Sharif, who was no longer needed, and the Al-Sauds fitting more suitably in the required future in the mild form of a puppet nationalist government that could be controlled easily as another part of the empire. Sharif’s son Faisal was appointed king of Syria but this kingdom also proved to be short lived and he was overthrown by the French, the same French who had promised the Sharifs the kingdom of the whole of independent Arabia. Later, Faisal was installed as king of Iraq with the support of the UK.
With the help of the Sharifs and the Arab revolt, the whole of the Muslim Empire was occupied by western powers for the first time in the history of Islam, something that had never happened before even during the Crusades and the brutal Mongol invasions. Sharif, as the emir of Mecca, held a central position in the Arab world at that time and was in a position to get Arab support for the Ottomans had he not defected for his personal interests. However, he betrayed the central Muslim Ottoman power and allied with the Ottomans’ enemies because of greed. However, all this was in vain and he played his part to bring Muslim glory to its knees for the first time in 1,300 years.
(To be continued)
Tahir Ali is a research fellow at Charles Darwin University, Australia.
Source: dailytimes.com.pk/opinion/16-Feb-2016/blessings-of-saudi-arabia-i

Many Schools Of Thought in Islam Recognise the Validity of Arbitrary Triple Talaq: Kamal Faruqui


By Mohammed Anas
13 February, 2016


Member of the executive committee of the board, Kamal Faruqui

Last week, when a prominent Muslim outfit, Jamiat Ulema Hind asserted before the Supreme Court that Muslim laws flowed from the Quran and thus could not be subjected to scrutiny by the Apex Court based on the principles of the Constitution, it restarted the oft-repeated debate on whether, or not, Muslim personal laws trampled upon the Constitution and if they were discriminatory towards women. The SC was hearing a petition titled “Muslim Women’s Quest for Equality”. The next hearing in the case is expected within six weeks and the All India Muslim Personal Law Board is also expected to request the SC to make it a party in the case. Member of the executive committee of the board, Kamal Faruqui says that Muslim personal law works for women, especially when it comes to talaq, and the judiciary cannot be trusted to interpret it, in the absence of opinions from Islamic experts.
 Q: Whenever a controversy erupts regarding Muslim personal laws, people tend to believe that organisations like the All India Muslim Personal Law Board, which interprets Muslim laws in the light of the Quran and Hadith as expounded by various Islamic authorities, is rigid and averse to reforms. Why are you rigid?
A: We represent all schools of thoughts followed in the Islamic world, be it Shafai, Hanafi, Hanbali, etc. We come to a position on any issue, take for example Talaq (divorce), after a thorough consultation with Islamic experts. Many schools of thought in Islam recognise the validity of arbitrary triple Talaq announced at one go. That’s why we have accepted this. But many of us consider this the ugliest thing, as there are reported cases of husband delivering such divorce out of anger or in an inebriated condition and then the wife is left to suffer thereafter. Therefore, to prevent any such eventuality, we have proposed a model Nikahnama, which seeks to make the Nikahnama (marriage contract) a highly thought out document. It includes an arbitration clause, which requires the appointment of three arbitrators who would be consulted by the husband and wife in case of any future discord. Without consulting these arbitrators, no divorce will be valid.
 Q: Then, why do we see cases arbitrary Talaq or suddenly announced Talaq and women suffering because of that?
A: It is because of the fact that people don’t follow the model Nikahnama. They don’t make marriage a conditioned agreement. And our fault is that we are unable to propagate our Nikahnama to all parts of the country. Our Social Reform Committee is tasked with this purpose, but as we are working with various constraints like sufficient financial and community support, our reach is limited. The government does not help us in any way.
 ‘If the judiciary is interested in judging as per Islamic laws, then appoint Muslim judges to hear such cases. And even these Muslim judges should be well versed in Quranic injunctions and Islamic principles.’
 Q: Since you claim to work among the community, do people come to you for the settlement of their marital discord?
A: Darul Quaza, our mediation department, receives complaints and disposes them of by helping people. But again, since we are limited in our means, we are unable to create the desired the effect.
 Q: Why are you averse to the judiciary interpreting Muslim personal laws?
A: In the absence of proper expertise on Islamic laws, judges cannot interpret the personal laws of Muslims. If the judiciary is genuinely interested in interpreting or judging as per Islamic laws, then appoint Muslim judges to hear such cases. And even these Muslim judges should be well versed of Quranic injunctions and Islamic principles. Or simply revive the old Qazi system.
 Q: Why do you think the issue of the purported clash between the judiciary and Muslim laws is debated again and again?
A: Islamophobia.
Source: sundayguardianlive.com/investigation/3309-%E2%80%98many-schools-thought-islam-recognise-validity-arbitrary-triple-talaq%E2%80%99

Muslim Youth Revolt against Muslim Personal Law: Debate about Status Quo and Reforms

Muslim Youth Revolt against Muslim Personal Law: Debate about Status Quo and Reforms

Youth Vocal against Muslim Personal Law Board
By Anubhav Parsheeera and Pradhuman Sodha
13 February, 2016
Muslim youth, especially young women, want a change in the Muslim personal laws and even seem ready to welcome the implementation of a Uniform Civil Code.
The All India Muslim Personal Law Board, a non-government organisation, which articulates the personal laws of Muslims in India, and often gets embroiled in controversy because of its “archaic” approach to Muslim laws, especially regarding women, seems to be fast losing touch with the youth of the community. The board is currently in the news because of a Supreme Court hearing on a petition regarding “Muslim Women’s Quest for Equality”.
The AIMPLB was constituted in 1973 as an organisation to safeguard and represent the religious laws of the minority Muslim community of the country. Often projecting itself as the spokesperson of the Muslim opinion, it has repeatedly resisted reforms in the divorce laws for Muslims, and is rigidly against the Uniform Civil Code.
The Muslim youth, especially young women, want a change in the Muslim personal laws and some of them even seem ready to welcome the implementation of a Uniform Civil Code.
Atiya Samreen, a student of Jamia Millia Islamia, said, “If the AIMPLB is dissolved it will help us to prevent the exploitation of women in the Muslim community. On the other hand, the board also safeguards all the madrasas running throughout the country and protects their rights. A solution to this is that women should be made aware of their rights.”
An alumnus of Aligarh Muslim University, Abir Ahmed stated, “As Muslim liberals, the youth does not want to get pressurised by the extreme views of Muslim clerics and laws. We respect our faith and at the same time are striving to survive in a multi religious society. The majority of the youth does not want to get perceived on the basis of the staunch views of a few. Islam directs one to make religion simple. But laws like triple talaq too have many exemptions that can benefit the women. It’s just that one needs to get educated about them.”
Incidents where husbands have divorced wives through SMS, Skype, and other such modern technology are not unheard of. Apart from the mental and emotional turmoil, a divorce of this kind also leaves the wife with very little time to readjust her life while the man often comes out on top. “The wave of technology is definitely being abused by some people in this regard. What is needed in situations like these is for the community to come to a consensus about the extent to which these technologies can be made a part and parcel of the procedure,” says Hakim Yasir Abbas, a PHD scholar at the National Law University, New Delhi. Talking of some case files where the women have suffered terribly because of the decision of the clerics, he says, “Such incidents arise because the community itself is not aware of its rights and of the laws. This ignorance is utilised by some segments of society to propagate their own interpretation of the Sharia. These issues can be sorted only when the community comes up with certain uniform guidelines,” he added.
When asked if he sees any disconnect between the youth and organisations like AIMPLB, he said, “Absolutely. There is a need for the youth to speak up and tell the board what they want from them and how they want it. It is up to them to tell the board which aspects of their life they need the board to look into and take care of and where to leave them alone,” said Yasir Abbas.
Source: sundayguardianlive.com/news/3306-youth-vocal-against-muslim-personal-law-board
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The Debate Is About Status Quo and Reforms
By Mohammed Anas
13 February, 2016
The members of All India Muslim Personal Law Board come out after a meeting in Lucknow in June last year. IANS
At the centre of the debate are the issues of divorce, the maintenance prescribed for the divorced woman, polygamy, et cetera.
The old debate about Muslim personal laws has resurfaced, with some voices calling for reforms, and others seeking that these stay unchanged. At the centre of the debate, as has been happening before, are the issues concerning women: especially the issue of divorce, the maintenance prescribed for the divorced woman, polygamy, and the minimum age for Muslims to get married, etc. The recent debate has arisen because the Supreme Court is hearing a petition called “Muslim Women’s Quest for Equality”, and the Jamiat Ulema e Hind, a prominent Muslim outfit, being a party to the case, has deposed that Muslim laws cannot be subjected to any court scrutiny as per the principles laid out in the Indian Constitution, as their spirit flows directly from the Quran.
“Mohammedan law is founded essentially on the Holy Quran and this cannot fall within the purview of the expression ‘laws in force’ as mentioned in Article 13 of the Constitution, and hence its validity cannot be tested on a challenge based on Part-III of the Constitution (guaranteeing fundamental rights, including right to equality),” says the JUH application filed through advocate Ejaz Maqbool, as reported by the Economic Times on 6 February.
The JUH’s position is supported by the All India Muslim Personal Law Board, a non-government but a prominent Muslim organisation, which has been at the forefront of the debate surrounding the “interpretation of Muslim laws by the judiciary” since the famous Shah Bano case. The board is also expected to ask the SC to make it a party in the aforementioned case.
Kamal Faruqui, member of the executive committee of the board, said that Muslim laws in India, as articulated by the board, have been explained after thorough deliberation with national and international experts of Islamic jurisprudence. “Thus, we do not think there is any need to change that. Albeit, there could be discussion to understand them in a proper light. Take the example of triple Talaq (announced in one go), it is only permissible by some schools of thought and not the mandatory one. In addition, the board has come up with a model Nikahnama, which stipulates marriage to be a highly deliberated agreement between man and woman. A woman is allowed to discuss all her conditions, including the issue of maintenance in case of divorce, as per this Nikahnama. It also makes arbitration by three people mandatory in case of any discord between the husband and his wife. It is actually a remedy against any possible discrimination to women in marital discords. People, and even the government, should try to popularise this instead of raising an unnecessary debate about changing the personal laws of the Muslim community,” said Faruqui.
However, there are sharp critics to the board’s stand on laws regarding women’s issues. “They (the board) are interpreting laws, derived from the Quran and Hadith, in the light of the writings of medieval scholars and thus tend to become archaic in their approach. They have to see the changing context to deliberate on the text of the Muslim laws, especially regarding the treatment of women in society and in family,” said Professor Mohd Ishaque, director of the Zakir Hussain Centre of Islamic Studies, Jamia Millia Islamia.
Prof Ishaque added that the Constitution of India is in coherence of the spirit of Muslim laws and it has to be understood by the conservative clerics of the country.
But Faruqui did not agree: “If Muslim laws have to be interpreted by the judiciary in the light of constitutional principles, then let them be interpreted by the Muslim judges with the help of the opinion of Islamic experts. Or the tradition of qazis should be revived in the country.”
Muslim personal laws have undergone several rounds of changes in Muslim countries like Pakistan, Bangladesh, Turkey, Iran, Sudan, Malaysia, Indonesia, Tunisia, etc. They have been amalgamated to be part of the Constitution in these countries. In many of these countries, even the system of the hasty triple talaq has been abolished. Faruqui, when asked about this, did not respond.
Meanwhile, taking a different stand from Jamiat and the AIMPLB, the Jamaat e Islami Hind, another prominent Muslim outfit, took a progressive stand. Taha Mateen, member of Jamaat’s Kerala chapter, said that the hasty triple talaq is un-Quranic and thus un-Islamic. “The Quran doesn’t permit hasty triple talaqs. Hence, those propagating it are doing a disservice to Islam,” he said. However, he did not comment on polygamy and the minimum age for girls to get married. Muslim personal laws put puberty as the minimum age for a girl to get married.
sundayguardianlive.com/news/3307-debate-about-status-quo-and-reforms
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‘The Country Cannot Have Parallel Judicial Systems Catering To Communal Demands’; Raziuddin Aquil
By Mohammed Anas
13 February, 2016
Aquil says that women are discouraged and even prevented from seeking divorce. This is in total contravention of what the Quran and the Prophet of Islam would preach.
Raziuddin Aquil, who teaches history at the University of Delhi and has written books like Sufism, Culture, and Politics: Afghans and Islam in Medieval North India and In the Name of Allah: Understanding Islam and Indian History, talked about the recent controversy over Muslim personal laws. Excerpts:
Q: A petition titled “Muslim Women’s Quest for Equality” is being heard in the Supreme Court and the Jamiat-ul-Ulema-i Hind, being a party in the case, has responded that “since the spirit of Mohammedan laws flows from the Quran, they can’t be subjected to scrutiny by the SC as per principles laid down by the Constitution”. This is the basis of the current, and the oft-repeated debate on Muslim laws and their purported clash with the judiciary. How do you see it that Muslim laws cannot be interpreted by the judiciary in India?
A: The first thing that the likes of those representing the Jamiat-ul-Ulema-i Hind are unable to understand is that the Muslim Personal Law or the Mohammedan Law is not in total conformity with the Quranic laws. Triple Talaq in one sitting (Talaq-I Ba’in) is not manifested in the Quran.
The judiciary operates on the basis of legislation laid down. Mohammedan law is not a codified law. The Muslim Personal Law is an Act of 1937. Post Independence, there has been no reform or corrections in the existing lacunae. There is a need for legislation, and till that happens, judiciary cannot intervene.
It is a collective responsibility of the community to press for the much needed modification suiting the requirements of the time, which is in conjunction with the spirit of the Quran, the message of which is equality for all.
Q: The All India Muslim Personal Law Board supports the Jamiat stand on the issue and is even expected to be a party in the said case. Kamal Faruqui, an executive member of the board, has told The Sunday Guardian that since Muslim laws are the result of thorough deliberations among national and international Islamic experts, they cannot be allowed to be interpreted by the judiciary, which is largely non-Muslim. If at all, Muslim laws should be judged by Muslim judges, or through revival of the Qazi system, he argues. Please comment on this.
A: It should be noted that many Muslim countries have modified the Sharia in accordance with the changing times, which has not happened in the Indian case as mentioned above. And the country cannot have parallel judicial systems catering to communal demands.
Q: Many Muslim countries like Malaysia, Indonesia, Turkey, Tunisia and even Pakistan and Bangladesh are said to have worked on Muslim laws to make them amenable to the changing times. In many such countries, even the hasty triple Talaq has been outlawed. Why is it not being done in India?
A: Indeed, there is a need for legislation, even if it is not in the sense in which the rhetorical Uniform Civil Code is often spoken about, more as a political strategy than any real or sincere attempt at framing a truly progressive modern law.
Q: If we say that it is because of the rigidity of the conservative clerics that the Muslim laws remain archaic, why don’t we see an anti-cleric movement, especially from the Muslim academics etc?
A: Scholars and academics often try to protect themselves from getting involved in the violent language of politics, in which these critical issues are contested. Given the overall culture of intolerance, it is now difficult to even say that men and women are not treated as equal in society. Some people can try to legally justify practising polygamy and arbitrarily resort to triple Talaq, but women are discouraged and even prevented from seeking divorce or Khula. This is in total contravention of what the Quran and the Prophet of Islam would preach. Those who want to know can know: Quran has emphasised in no uncertain terms the value of monogamy and strongly disapproved of divorce, but who is sincerely interested to follow the true spirit of Islam these days?
Source: sundayguardianlive.com/investigation/3308-%E2%80%98-country-cannot-have-parallel-judicial-systems-catering-communal-demands%E2%80%99
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Many Schools Of Thought in Islam Recognise the Validity of Arbitrary Triple Talaq: Kamal Faruqui

By Mohammed Anas
13 February, 2016
Last week, when a prominent Muslim outfit, Jamiat Ulema Hind asserted before the Supreme Court that Muslim laws flowed from the Quran and thus could not be subjected to scrutiny by the Apex Court based on the principles of the Constitution, it restarted the oft-repeated debate on whether, or not, Muslim personal laws trampled upon the Constitution and if they were discriminatory towards women. The SC was hearing a petition titled “Muslim Women’s Quest for Equality”. The next hearing in the case is expected within six weeks and the All India Muslim Personal Law Board is also expected to request the SC to make it a party in the case. Member of the executive committee of the board, Kamal Faruqui says that Muslim personal law works for women, especially when it comes to talaq, and the judiciary cannot be trusted to interpret it, in the absence of opinions from Islamic experts.
 Q: Whenever a controversy erupts regarding Muslim personal laws, people tend to believe that organisations like the All India Muslim Personal Law Board, which interprets Muslim laws in the light of the Quran and Hadith as expounded by various Islamic authorities, is rigid and averse to reforms. Why are you rigid?
A: We represent all schools of thoughts followed in the Islamic world, be it Shafai, Hanafi, Hanbali, etc. We come to a position on any issue, take for example Talaq (divorce), after a thorough consultation with Islamic experts. Many schools of thought in Islam recognise the validity of arbitrary triple Talaq announced at one go. That’s why we have accepted this. But many of us consider this the ugliest thing, as there are reported cases of husband delivering such divorce out of anger or in an inebriated condition and then the wife is left to suffer thereafter. Therefore, to prevent any such eventuality, we have proposed a model Nikahnama, which seeks to make the Nikahnama (marriage contract) a highly thought out document. It includes an arbitration clause, which requires the appointment of three arbitrators who would be consulted by the husband and wife in case of any future discord. Without consulting these arbitrators, no divorce will be valid.
 Q: Then, why do we see cases arbitrary Talaq or suddenly announced Talaq and women suffering because of that?
A: It is because of the fact that people don’t follow the model Nikahnama. They don’t make marriage a conditioned agreement. And our fault is that we are unable to propagate our Nikahnama to all parts of the country. Our Social Reform Committee is tasked with this purpose, but as we are working with various constraints like sufficient financial and community support, our reach is limited. The government does not help us in any way.
 ‘If the judiciary is interested in judging as per Islamic laws, then appoint Muslim judges to hear such cases. And even these Muslim judges should be well versed in Quranic injunctions and Islamic principles.’
 Q: Since you claim to work among the community, do people come to you for the settlement of their marital discord?
A: Darul Quaza, our mediation department, receives complaints and disposes them of by helping people. But again, since we are limited in our means, we are unable to create the desired the effect.
 Q: Why are you averse to the judiciary interpreting Muslim personal laws?
A: In the absence of proper expertise on Islamic laws, judges cannot interpret the personal laws of Muslims. If the judiciary is genuinely interested in interpreting or judging as per Islamic laws, then appoint Muslim judges to hear such cases. And even these Muslim judges should be well versed of Quranic injunctions and Islamic principles. Or simply revive the old Qazi system.
 Q: Why do you think the issue of the purported clash between the judiciary and Muslim laws is debated again and again?
A: Islamophobia.
Source: sundayguardianlive.com/investigation/3309-%E2%80%98many-schools-thought-islam-recognise-validity-arbitrary-triple-talaq%E2%80%99
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Women Get Caught In the Loopholes of Muslim Law

By Dipavali Hazra and Aditi Chakravarti
13 February, 2016
Men Often Manipulate The Law To Get Their Own Way.
Muslim women have long been a victim of the loopholes in the marriage laws within the Sharia. The Sunday Guardian spoke to a few such women who are struggling with their finances, with little or no support, as their husbands manipulate the law to get their own way.
It has been 12 years since Fatima (name changed) decided that she had had enough of her husband and his family’s constant demand for dowry. After hardly a year of marriage, the mental torture became too much. Her in-laws would berate her for not bringing in enough money and would harass her about not wanting to live with her husband when she protested against the treatment. Soon, she was forced to return to her brother’s house in Lucknow. Her husband, who works at a college in New Delhi, has not yet divorced Fatima. In fact, since 2006, he has not met her even once.
“My husband has said in court that he wishes to divorce me. However, he has not been able to give one reason why he wishes to go ahead with it. He remarried around three years ago, despite being married to me already,” said Fatima.
When asked whether she would like to reconcile with her husband, Fatima said: “If I am kept in a different house far away from my in-laws, with only my husband having access to me, I will consider reconciliation. In that case, how he takes care of two families is not my problem. I was not asked for permission when he decided to marry a second time. However, my main fight is for maintenance, which is guaranteed to me by the Sharia and the law of the land. I am, frankly, not looking forward to any Samjhauta (compromise).”
Fatima’s case has been pending in the Lucknow District Court for over a decade and the financial expenses are being borne by Fatima’s brother.
25-year-old Faiza, an orphan, lives with her aunt in UP. Her ex-husband, a butcher, would regularly beat her and force himself upon her. “I had no rights in that house. I was just a maid in that family. Since I was an orphan, no one could really look into the kind of family I was marrying into. I wish I had never been married. After a year of marriage, I was divorced from my husband. Many women do not want a divorce even after they are subjected to torture at their husband’s place, but I am grateful to be out of there.” says Faiza.
Sufiya was also an orphan and her brothers got her married to a man, who ran a coaching centre in Lucknow. Sufiya would often catch her husband flirting with the girls who came to study there. When she would protest, he would abuse her physically, even while she was pregnant. He restricted her movement; she was not allowed to meet people. A concerned neighbour then asked her to meet Shaista Amber (the president of the All India Muslim Women Personal Law Board), and Sufiya addressed a letter to her and had it delivered through her neighbour. For fear of her husband discovering what she was up to, she wrote the letter locked up in the bathroom. When Shaista received the letter and learnt about Sufiya’s ordeal, she immediately informed the police and rescued the girl. Meanwhile, Sufiya’s husband had divorced her. “He told my brother over the phone that he was giving me Talaq. He did not even consult me,” she said.
Shaista Amber intervened and wanted to arrange another Nikah for them, but people said that since the couple had been through a talaq “they needed to perform Halala” (according to some interpretations of Sharia, a divorced woman must consummate a new marriage with another man and divorce him before she can remarry her ex-husband). Shaista was strongly against that. However, she ensured that the couple got back together.
“Things settled down for a while and we lived together like husband and wife,” Sufiya says. “He was supposed to pay Rs 5,000 per month for me and my children’s expenses, which he did for about four months before throwing us out.” Sufiya now lives in Bijnor. She is raising three children — a boy of 14 and two girls aged 12 and 8 — without maintenance from her husband or any help from her brothers.
She often travels to Lucknow, where she negotiates with lawyers to fight her case, but she says her husband manages to pull strings and keep from her the money she is entitled to.
Shaista Amber explained that the Sharia has a provision for the upkeep of children dependent on a divorcee woman. “It is a question of fundamental rights, and in such cases, even the courts can intervene,” she said. “A Muslim woman herself, whether she remarries or not, is not entitled to money from her ex-husband after a Talaq. She is expected to make use of the Mehr money and her portion of her family’s inheritance to live on for the rest of her life. In the Sharia, there is also the concept of Bayt-al-mal, which is a kind of collective fund that is responsible for the upkeep of widows, divorcees and orphans. Even the Waqf ought to help divorcees but that organisation is corrupt itself. They distribute donations among themselves,” she says.
Sufiya is now pursuing a BA degree in the hope of getting a job afterwards so that she may earn and support her family herself. It has been 14 years that her husband has left her, and now she says she is tired of fighting and dealing with lawyers.
“Whenever I tell my story, I feel like I am reliving those times. I have spoken to the media on several occasions. But nothing has changed for me,” she says.
Source: sundayguardianlive.com/investigation/3316-women-get-caught-loopholes-muslim-law
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Khudai Khidmatgars Educate About Islam via Telephone Helpline
By Areeba Falak 
13 February, 2016
The Khudai Khidmatgars (servants of God), members of a movement originally launched to fight the British Raj, have taken it upon themselves to educate people of all faiths about Islam, including the Muslim youth who are often radicalized by misinterpretations of the Quran.
In October 2015, the Khudai Khidmatgars launched a telephone helpline to provide crucial insight on how “communication gap among people of various faiths” is a breeding ground for deep prejudices.
“Most calls (to the helpline) were made by Muslims who had questions ranging from the Sharia to why we let non-Muslims and women participate in our initiative. They wanted to know if Khudai Khidmatgar wasn’t an exclusively Muslim initiative led by Muslim people for the empowerment of only their community,” said Faisal Khan, who, in 2011, revived Khudai Khidmatgar, which was founded by Khan Abdul Ghaffar Khan (Frontier Gandhi) to fight against the British Raj.
Hindus ranked second in the number of calls, after Muslims, and their queries were revealing. Dr Kush Kumar Singh, a pathologist and a Khudai Khidmatgar said, “Non-Muslims asked questions about why Muslim families have so many children, why is it that they don’t participate in any kind of national or social activism.”
“Answering such questions becomes tricky. So we also encourage people to meet us in person if they want to see the answers materialize not just in words but in practice. We tell them about Ahmad Dilshad who is working in Champaran to improve the circumstances of sugarcane farmers, about Qamar Jahan who is helping women in Banaras through self-help groups, about Shahid Ansari who worked for the restoration of water bodies in Kannauj, about Azmat Khan who worked for tribal women in Madhya Pradesh. We share with them the relief work done by Khudai Khidmatgars in the Chennai floods. And on questions about the number of children etc we explain these by way of data emphasising social and economic conditions of such Muslims,” said Singh.
“We are often asked about our political affiliations. At times people just call us to tell us that how we are wasting our time and energy and that it is all futile,” said Khan.
‘Essentially, most of the questions asked indicate that the callers have misunderstandings that can be resolved by simple interactions and participation between communities,’ said Faisal.
“We are trying to bridge the gap that is wrought by prejudices on either side. It doesn’t matter if a person is a non-Muslim, what matters is their intention to help society understand to exist in harmony with each other. That is what the Frontier Gandhi wanted,” Khan said.
“We emphasise the need for the Muslim youth to address prevailing social issues as their own. When they indulge in welfare activities then they’ll know that they are not the only ones suffering. There are other people too who are of different faiths but have similar challenges,” he added.
Since its inception, the helpline — 9718072586 — has only been active from Friday-Sunday every week. The helpline is supervised by four members— advocate and social activist Mahipal Saraswat from Bikaner, Rajasthan, and a Jamia Millia Islamia MBA student Rizwan Khan, apart from Faisal and Singh. Faisal said that they attend to a minimum of 15-20 calls every weekend. Questions related to Sharia are addressed only by Faisal, since he is well versed in the Quran while the other questions are divided among the rest. While calls have come from across the country and some even from England and the Gulf, the majority are received from South India where Khudai Khidmatgar has a considerable following. “We want our callers to set an example where they are. Essentially, most of the questions asked indicate the callers have misunderstandings that can be resolved by simple interactions and participation between communities,” said Faisal.
Source: sundayguardianlive.com/investigation/3318-khudai-khidmatgaars-educate-about-islam-telephone-helpline
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